FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

FACTORIES AND INDUSTRIAL UNDERTAKINGS
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation page

PART 1

PRELIMINAR
Y

1.........Citation ....................... ... ... ... ... ... ... ... ... ... A3
2.........Interpretation ................. ... ... ... ... ... ... ... ... ... ... A3
3.........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A4

PART 11

[Rebuked]

PART IIA

MEDICAL EXAMINATIONS OF PERSONS EMPLOYED TO WORK
UNDERGROUND

]6A. Application of Part IIA ... ... ... ... ... ... ... ... ... ... ... ... A4

16B....................................Register of persons employed underground in industrial undertaking ... A 4

16C..................................Employees not to work underground unless examined medically ... ... A 4

16D. Exemption from medical examination where employee examined within previous

12 months ........................... ... ... ... ... ... ... ... A6

16E. Exemption from medical examination where work unlikely to take more than

6 months to complete ................. ... ... ... ... ... ... A 6

16F. Disclosure of medical information ... ... ... ... ... ... ... ... ... ... A 6

PART 111

GENERAL

17. Report of accidents resulting in death or incapacity ... .. A 7

18...................Reports of dangerous occurrences ... ... ... A 9

19. Application of regulations 17 and 18 A 9

20...............Power to take samples ...... ...
........................................A9
21........................................ A 10

Duties of persons employed ... ... ... ... ... .. .

21 A. Protection from sound...... ... ... ... ... ... ... A10





Regulation Page

PART IV

NOTIFIABLE WORKPLACES

Application
22. Application of this Part ... ... ... ... ... ... ... ... ... ... A 10

Notification
23. Form of notification and prohibition notice ... ... ... ... ... ... ... ... A 11

Prevention qf Accidents
24. Fencing of dangerous platforms. liquids, etc. ... ... ... ... ... ... A 11

25. Cleaning of dangerous machinery by women and young persons ... ... ... A 11
26-31. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 11

Hygiene
32. Cleanliness ... ... ... ... ... ... ... ... ... ... ... ... ... A 11
33. Ventilation ... ... 1 .. ... ... ... ... ... . ... ... ... ... ... A 12
34. Lighting ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... A 12
35. Drainage of doors ... ... ... .... ... ... A 12
36. Overcrowding ... ... ... ... ... ...... ... ... ... ... A 13
37. Sanitary conveniences, etc . ... ... ... .. ... ... ... ... ... ... A 13
38, Supply of drinking water ... ... ... ... ... ... ... ... ... ... ... ... A 13
39. Repair, maintenance and safety ... ... ... ... ... ... ... ... ... ... A 13

PART V

[Revoked]

PART VI

OFFENCES AND PENALTIES

43. [Revoked].......................... ... ... ... ... ... ... ... A 14

44...................................Penalty for contravention of regulation 16F(2). 20(4), 21 or 21 A (2) ... ... A
14

45. Penalty for contravention of regulation 16C(1), l6C(2). 24, 25, 33 or 36(1) ... A
14
46. Penalty for contravention of regulation 16B, 2 1 A(1) 34. 37(1), 38 or 39 ... A
14

47...................................Penalty for contravention of regulation 17, 18. 32, 35(1) or 36(3) ... ... A 15

48...............Liability of proprietors ... ... ... ... ... ... ... ... ... ... A 15

First Schedule. Dangerous Occurrences ......... ... ... ... ... ... ... ... A 15

Second Schedule. Forms ..................... ... ... ... ... ... ... ... ... A 16

Third Schedule. ... ... ... .. ... ... ... . ... ... ... ... . 1 . ... ... A 19





FACTORIES AND INDUSTRIAL UNDERTAKINGS
REGULATIONS

(Cap. 59, section 7)

[29 September 1955.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Factories and Industrial
Undertakings Regulations.

2. In these regulations, unless the context otherwise requires

-dangerous occurrence' means any occurrence specified in the First
Schedule;

'executive', in relation to a trade union, means the body to which the
management of the affairs of the trade union is entrusted by the
members and also means any person for the time being carrying out
the functions of a president, chairman, vicechairman, secretary or
treasurer of a trade union;

'fire-resisting material' means a building material certified by the
building authority to be fire-resisting;

'identity card' means an identity card issued under the Registration of
Persons Ordinance;

'material' includes waste material and debris;

'mill-gearing' includes,every shaft, wheel, drum and pulley and every
other appliance by which motion or power is communicated to any
machine;

,,overburden', in respect of a quarry, means any other substance which
overlies the granite, porphyry or limestone which is extracted in.the
quarry;





'trade union' means a trade union which is registered under the Trade
Unions Ordinance;

'woman' means a woman who has attained the age of 18 years.

3. [Revoked, 11 of 1980, s. 61

PART 11

[Revoked, 11 of 1980, s. 6

PART IIA

MEDICAL EXAMINATIONS OF PERSONS
EMPLOYED
TO WORK UNDERGROUND

16A. This Part shall apply to the following industrial undertakings

(a) mines;

(b) quarries; and

(c) industrial undertakings involving tunnelling operations.

16B. (1) The proprietor of every industrial undertaking to which
this Part applies shall maintain or cause to be maintained therein a
register in accordance with this regulation.

(2) The register shall be in the prescribed form and shall in respect
of every person employed to work underground in the industrial
undertaking

(a) specify his name and residential address;

(b) specify the number of his identity card, if any;

(e) specify his date of birth;

(d) contain a full face photograph of the person;

(e)specify the date on which he first commenced to work
underground in the industrial undertaking; and

specify the date of every medical examination undergone by
him in accordance with regulation l6C(3).

16C. (1) Subject to regulations 16D and 16E, no person shall be
permitted to commence to work underground in an industrial
undertaking to which this Part applies unless within the month
preceding the date on which the person first commences so to work

(a)the proprietor has engaged a medical practitioner to examine
the person medically in accordance with paragraph (3); and





(b)the senior occupational health officer has issued a certi-
ficate under paragraph (4) that the person is fit to work
underground in such an industrial undertaking.

(2) No person under the age of 21 years-

(a)who is employed to work underground in an industrial
undertaking to which this Part applies, and

(b) who has been so employed for more than 12 months,

shall be permitted to continue in such employment at any time
unless within the preceding period of 12 months-
(i)the proprietor has engaged a medical practitioner to
examine the person medically in accordance with para-
graph (3); and
(ii)the senior occupational health officer has issued a certificate
under paragraph (4) that the person is fit to work under-
ground in such an industrial undertaking:

Provided that a person under the age of 21 years who is
employed at the date of commencement of this regulation to work
underground in an industrial undertaking to which this Part applies
may continue to be so employed for a period not exceeding 3 months
from such date, notwithstanding that he has not been examined
medically as required under sub-paragraph (i) of this paragraph.

(3) Where any person is required to be examined medically for
the purposes of this regulation-

(a)the proprietor of the industrial undertaking in which the
person is employed or is to be employed to work under-
ground shall complete Part 1 of the prescribed medical
examination report in duplicate,

(b)the person required to be examined shall complete Part 11
of the prescribed medical examination report in duplicate,
and

(c)a medical practitioner shall carry out a medical examina-
tion of the person, and-
(i) complete Part 111 of the prescribed medical examina-
tion report in duplicate in respect of the person,
(ii) forward 1 copy of the completed report to the
senior occupational health officer, and
(iii) retain 1 copy of the completed report.

(4) Where the senior occupational health officer receives a
medical examination report under paragraph (3) in respect of any
person, he shall forthwith forward a certificate in the prescribed
form and in accordance with the report to the proprietor of the
industrial undertaking by whom the medical practitioner has been
engaged.





(5) The expenses of the medical examination of any person for the
purposes of this regulation shall in no case be payable by or
recoverable from the person.

16D. (1) Any person

(a) who has attained the age of 21 years,

(b)who is or has at any time been employed to work underground
in an industrial undertaking to which this Part applies,

(c)who has been examined medically in accordance with
regulation l6C(3) for the purposes of such employment, and

(d)in respect of whom the senior occupational health officer has,
as a result of the medical examination, issued a certificate of
fitness under regulation l6C(4),

may, at any time within 12 months after the date of the medical
examination

(i) be re-employed to work underground in the industrial
undertaking; or

(ii) be employed, subject to paragraph (2), to work underground in
any other industrial undertaking to which this Part applies,

notwithstanding that in respect of his re-employment in such industrial
undertaking, or his employment in such other industrial undertaking, the
person has not been examined medically as required under regulation
16C(1)(a).

(2) Before employing any person under paragraph (A)(ii), the
proprietor of the industrial undertaking shall obtain from the senior
occupational health officer a copy of the certificate issued under
regulation l6C(4) in respect of the medical examination.

16E. Where any person who has attained the age of 21 years is to
be employed to work underground in any industrial undertaking to
which this Part applies, and the Commissioner for Labour or any officer
authorized in writing by him is satisfied that the underground work on
which the person is to be employed is unlikely to take more than 6
months to complete, the Commissioner for Labour or the authorized
officer may give written permission for the employment of the person on
such work for such period, not exceeding 6 months, as the
Commissioner for Labour or the authorized officer shall specify,
notwithstanding that in respect of such employment, the person has not
been examined medically as required under regulation 16C(1)(a).

I6F. (1) At the request of an authorized member of the executive of
any trade union which in the opinion of the Commissioner for Labour, or
any officer authorized in writing by him, represents any person under
the age of 21 years who is employed to





work underground in any industrial undertaking to which this Part
applies, the Commissioner for Labour or the authorized officer shall
supply to such member the following information in respect of the
person so employed

(a) his name;

(b) his identity card number, if any;

(c) his date of birth;

(d)the date which, in the latest medical examination report
received by the senior occupational health officer under
regulation l6C(4) in respect of the person, is specified as the
date on which he first commenced to work underground in the
industrial undertaking or as the proposed date on which he
was to first commence so to work; and

(e) the nature of his occupation,

and shall produce for inspection to such member the latest certificate
issued under regulation l6C(4) in respect of the person so employed.

(2) No-

(a)proprietor of an industrial undertaking to which this Part
applies; or

(b) public officer,

shall disclose to any person any medical information which is obtained
on the examination of a person in accordance with regulation l6C(3),
unless

(i) the person to whom the information relates consents to the
disclosure;

(ii) the information is disclosed to a public officer acting in the
course of his duty; or

(iii)the disclosure of the information is permitted or required
under any enactment.

PART III

GENERAL

17. (1) Where an accident in an industrial undertaking results in

(a)the death of a person at the time of the accident or
immediately thereafter; or

(b) serious bodily injury to a person,

a report of the accident stating the name of the person, the nature of the
injury and the time, place and circumstances of the accident shall be
made orally or in writing by the proprietor of the industrial undertaking -
within 24 hours after the accident





(i) to an inspector, where the accident occurs in an industrial
undertaking other than a quarry; or

(ii)to the Superintendent of Mines, where the accident occurs in
a quarry,

and to the police station nearest to the place of accident, where the
accident results in death.

(2) Subject to paragraph (4), where an accident in an industrial
undertaking results in

(a)the death of a person at the time of the accident or
immediately thereafter;

(b) serious bodily injury to a person; or

(e)the incapacity, for a period exceeding 3 days immediately
following the accident, of a person for any employment which
he was capable of undertaking at the time of the accident,

a report of the accident (containing the particulars specified in
paragraph (5)) shall, in addition to any report required to be made under
paragraph (1), be made in writing by the proprietor of the industrial
undertaking within 7 days after the accident

(i)to an inspector, where the accident occurs in an industrial
undertaking other than a quarry; or

(ii)to the Superintendent of Mines, where the accident occurs in
a quarry.

(3) Where a person who is injured in an accident dies subsequently
as a result of the injury and the death comes to the notice of the
proprietor of the industrial undertaking, the proprietor shall, in addition
to any report which he may have made or is required to make under
paragraphs (1)(b) and (2)(b) or (c), report the death orally or in writing
within 24 hours after it comes to his notice

(a)to an inspector. where the accident has occurred in an
industrial undertaking other than a quarry; or

(b)to the Superintendent of Mines, where the accident has
occurred in a quarry,

and to the police station nearest to the place of the accident.

(4) No report is required under paragraph (2) if notice of the
accident has been given under section 15 of the Employees'
Compensation Ordinance.

(5) A report under paragraph (2) shall contain-

(a)the name and address of the proprietor of the industrial
undertaking;

(b)the name, occupation and address of the deceased or injured
person and his sex, age and identity card number;

(c) the date and particulars of the accident; and





(d)the nature of the injury, stating whether death or in-
capacity was caused by the injury.

(6) For the purposes of paragraphs (1) and (2) a person shall
be deemed to have suffered serious bodily injury in an accident if he
is admitted to a hospital immediately following the accident for
observation or treatment.

18. (1) Every dangerous occurrence which occurs in an indus-
trial undertaking, whether any personal injury has been caused or
not, shall be reported by the proprietor of the industrial undertaking
within 24 hours of its occurrence-

(a)in the case of an industrial undertaking other than a
quarry, to an inspector; and

(b) in the case of a quarry, to the Superintendent of Mines.

(2) Every report made under this regulation shall be in writing,
and in addition to any report required under regulation 17, and shall
include particulars of the time of the occurrence of the accident,
any damage to any building, machinery or plant in the industrial
undertaking in which the accident occurred, and the circumstances
in which the accident occurred.

19. The provisions of regulations 17 and 18 shall not be appli-
cable in the case of any accident which is required to be reported
under the provisions of section 47 of the Mining Ordinance.

20. (1) An inspector may at any time after informing the
proprietor or, if the proprietor is not readily available, a foreman or
other responsible person in the industrial undertaking, take for
analysis sufficient samples of any material in use or mixed for use in
a dangerous trade or scheduled trade, or of any substance used or
intended to be used in an industrial undertaking being a substance
which he thinks may prove on analysis to be likely to cause bodily
injury to the person employed.

(2) The proprietor or the foreman or other responsible person
aforesaid may, at the time when a sample is taken under this
regulation, and on providing the necessary appliances, require the
inspector to divide the sample into 3 parts, to mark and seal or
fasten up each part in such manner as its nature permits, and-

(a)to deliver one part to the proprietor, or the foreman or
other responsible person aforesaid;

(b) to retain one part for future comparison; and

(c) to submit one part to the Government Chemist for analysis.

(3) A certificate purporting to be a certificate by the Govern-
ment Chemist as to the result to an analysis of a sample under this
regulation shall in any proceedings under the Ordinance be admis-
sible as evidence of the matters stated therein, but either party may





require the person, by whom the analysis was made to be called as a
witness.

(4) No person shall, except in so far as is necessary for the
purposes of a prosecution for an offence under the Ordinance, publish
or disclose to any person the results of an analysis made under this
regulation.

21. (1) No person employed in an industrial undertaking shall
wilfully interfere with or misuse any means, appliance, convenience or
other thing provided in pursuance of the Ordinance for securing the
health, safety or welfare of the persons employed in the industrial
undertaking, and where any means or appliance for securing health or
safety is provided for the use of any such person under the Ordinance,
he shall use the means or appliance.

(2) No person employed in an industrial undertaking shall wilfully
and without reasonable cause do anything likely to endan-
ger himself or others.

21A. (1) In any industrial undertaking or part thereof where on any
day any person employed therein is likely to be exposed continuously
for 8 hours to a sound level of 90 dB(A) or is likely to be subject to an
equivalent or greater exposure to sound the proprietor of that industrial
undertaking shall

(a)maintain any machinery and equipment used therein properly
in order to minimize the emanation of sound from them;

(b)provide suitable car protectors and make them readily
available for the use of every person employed therein; and

(c)warn every person employed therein, by posting a notice in
conspicuous places in such place of employment, of the
danger to health of a failure to make use of ear protectors.

(2) Every person for whom ear protectors are provided under
paragraph (1)(b) shall use them during the whole period when he is
likely to be. exposed continuously for 8 hours to a sound level of 90
dB(A) or is likely to be subject to an equivalent or greater exposure to
sound.

(3) For the purposes of this regulation, the level of exposure which
is equivalent to continuous exposure for 8 hours to a sound level of 90
dB(A) shall be determined by the table set out in the Third Schedule.

PART IV

NOTIFIABLE WORKPLACES

Application

22. This Part (except regulation 23) shall apply to every notifiable
workplace that is an industrial undertaking.





Notification

23. Every notification under section 9 of the Ordinance and every
prohibition notice under section 9A of the Ordinance shall be in such
form as the Commissioner for Labour may from time to time approve by
notice in the Gazette.

Prevention of Accidents

24. In every notifiable workplace-

(a)all platforms, pits and openings in floors and every other place
liable to be dangerous to persons; and

(b)all vessels containing any scalding, corrosive or poisonous
liquid,

shall be securely fenced to a height of not less than 900 millimetres or
otherwise protected to the satisfaction of the Commissioner.

25. (1) No woman or young person shall be permitted to clean any
dangerous part of the machinery in a notifiable workplace while the
machinery is in motion by the aid of any mechanical power. For the
purpose of this paragraph, such parts of the machinery shall be
presumed to be dangerous as are notified by an inspector to the
proprietor of the notifiable workplace.

(2) No woman or young person shall be permitted to clean any mill-
gearing while such mill-gearing is in motion for the purpose of
propelling any part of the machinery in a notifiable workplace.

26-31. [Revoked, L.N. 2141811

Hygiene

32. (1) Every notifiable workplace shall be kept in a clean state, and
free from effluvia arising from any drain, sanitary convenience or
nuisance, and, without prejudice to the generality of the foregoing
provisions

(a)accumulations of dirt and refuse shall be removed daily by a
suitable method from the floor and benches of workrooms and
from the staircases and passages;

(b)the floor of every workroom shall be cleaned at least once in
every week by washing or, if it is effective and suitable, by
sweeping or other method; and

(c)all inside walls and partitions, and all ceilings or tops of rooms
shall be limewashed at least once in every year or, if they have
been oil-painted or varnished, they shall be washed with hot
water and soap at least once in every period of 14 months and
repainted or varnished at least once in every period of 42
months.

(2) The proprietor of a notifiable workplace shall maintain a record
of





(a)the surfaces within the notifiable workplace which have been
limewashed in accordance with paragraph (1)(c); and

(b)the painted and varnished surfaces within the notifiable
workplace and the parts thereof which have been washed, or
repainted or revarnished, in accordance with paragraph (1)(c);
and

(e)the name and address of each person who carried out such
work and the date or dates on which the work was carried out.

(3) The proprietor of a notifiable workplace shall produce the
record maintained under paragraph (2) for inspection when required to
do so by an inspector.

33. (1) In every notifiable workplace, effective and suitable
provision shall be made for securing and maintaining by the circulation
of fresh air in each workroom or, in the case of a mine, in each shaft, the
adequate ventilation of the room or shaft, and for rendering harmless, so
far as practicable, all fumes, dust and other impurities that may be
injurious to health generated in the course of any process or work
carried on in the notifiable workplace.

(2) Without prejudice to the generality of paragraph (1), in every
notifiable workplace in which, in connexion with any process or work
carried on, there is given off any dust or fume or other impurity of such a
character and to such extent as to be likely to be injurious or offensive to
the persons employed or any substantial quantity of dust of any kind, all
practicable measures shall be taken to protect the persons employed
against inhalation of the dust or fume or other impurity and to prevent
its accumulating in any workroom, and in particular, where the nature of
the process makes it practicable, exhaust appliances shall be provided
and maintained, as near as possible to the point of origin of the dust or
fume or other impurity, so as to prevent in entering the air of any
workroom.

34. (1) Effective provision shall be made for securing and
maintaining sufficient and suitable lighting, whether natural or artificial,
in every part of a notifiable workplace in which persons are working or
passing.

(2) All glazed windows and skylights used for the lighting of
workrooms in any notifiable workplace shall, so far as K practicable, be
kept clean on both the inner and outer surfaces and free from
obstruction:

Provided that any such window or skylight may be whitewashed or
shaded for the purpose of mitigating heat or glare.

35. (1) Where, in any notifiable workplace, any process or work is
carried on which renders the floor liable to be wet to such





extent that the moisture is capable of being removed by drainage,
effective means shall be provided and maintained for draining off the
moisture.

(2) Any means for draining which does not comply with the
provisions of the Buildings Ordinance shall be deemed not to be
effective for the purpose of this regulation.

36. (1) A notifiable workplace shall not. while work is carried on, be
so overcrowded as to cause risk of injury to the health of the persons
employed therein.

(2) Without prejudice to the generality of paragraph (1), a notifiable
workplace shall be deemed to be so overcrowded as aforesaid, if the
number of persons employed at a time in any workroom is such that the
amount of cubic space allowed for every person employed in the room
is less than 7 cubic metres.

(3) In every room in every notifiable workplace a notice shall be
posted specifying the number of persons who. having regard to the
provisions of this regulation, may be employed in the room.

37. (1) Every notifiable workplace shall be provided with sufficient
and suitable latrine and washing conveniences on the premises and,
where persons of both sexes are or are intended to be employed such
conveniences shall afford proper separate accommodation for persons
of each sex.

(2) Any latrine or washing convenience which does not comply
with the provisions of the Buildings Ordinance shall be deemed not to
be sufficient and suitable for the purpose of this regulation.

38. In every notifiable workplace an adequate supply of drinking
water either from a public main or from a source approved in writing by a
health officer shall be provided and maintained at suitable points
conveniently accessible to all persons employed.

39. (1) All the floors, walls, ceilings, windows and skylights of a
notifiable workplace shall be maintained in a good state of repair and
free from spalls.

(2) The surface of all the floors of a notifiable workplace shall be
rendered and maintained in an even and non-slippery condition and the
floors shall be kept free from any obstruction or hazard which might
cause a person to fall down or stumble by tripping or otherwise.

(3) In a notifiable workplace all goods and materials shall be stored,
stacked or otherwise arranged in such a manner that no danger is
caused to any person.

PART V

[Revoked, L.N. 1571781





PART VI

OFFENCES AND PENALTIES

43. [Revoked, 11 qf 1980, s. 6

44. Any person who-

(a)contravenes any of the provisions of regulation 16F(2), 20(4),
21 or 21 A(2),

(b) [Deleted, L.N. 2141811 shall be guilty of an offence and shall be
liable to a fine of 510,000.

45. (1) The proprietor of any industrial undertaking or of any
notifiable workplace, as the case may be,

(a) [Deleted, L.N. 214181]

(b)in which any person is permitted to do anything in
contravention of any of the provisions of regulation 16C(1),
l6C(2), or 25; or

(c)in respect of which any of the provisions of regulation 24, 33
or 36(1) are contravened,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall-

(a)in respect of a contravention of regulation 24, be liable to a
fine of $50,000;

(b)in respect of a contravention of regulation 25, be liable to a
fine of $30,000;

(c)in respect of a contravention of regulation 16C(1) or l6C(2). be
liable to a fine of $20,000;

(d)in respect of a contravention of regulation 33 or 36(1), be
liable to a fine of $10,000.

46. (1) The proprietor of any industrial undertaking or of any
notifiable workplace, as the case may be,

(a)who contravenes any of the provisions of regulation 16B or
21A(1); or

(b)in respect of which any of the provisions of regulation 34,
37(1), 38 or 39 are contravened,

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall

(a) [Deleted, L.N. 214/81]





(b)in respect of a contravention of regulation 16B, 21A(1), 34,
37(1), 38 or 39, be liable to a fine of 510,000.

47. (1) The proprietor of any industrial undertaking or of any
notifiable workplace, as the case may be,

(a) [Deleted, 11 of 1980, s. 61

(b)in respect of which any of the provisions of regulation 32,
35(1) or 36(3) are contravened; or

(e)who, without reasonable excuse, fails to make any report
required by regulation 17 or 18, or who makes such a report
which he knows to be false in any material particular.

shall be guilty of an offence.

(2) A person guilty of an offence under paragraph (1) shall-

(a)in respect of a contravention of regulation 32 or 35(1), be liable
to a fine of $10,000-,

(b)in respect of a contravention of regulation 36(3), be liable to a
fine of 55,000;

(c)in respect of a failure to report or a making of a false report
referred to in paragraph (1)(c), be liable to a fine of 55,000.

48. Notwithstanding anything contained in section 13 of the
Ordinance, the proprietor of an industrial undertaking in or in respect of
which an offence against regulation 20(4) or 21 is committed shall not be
guilty of a like offence.

FIRST SCHEDULE [reg. 2.1

DANGEROUS OCCURRENCES

1 Bursting of a revolving vessel, wheel, grindstone or grinding wheel moved
by mechanical power.

2. Collapse or failure of a crane, derrick, winch, hoist or other appliance used
in raising or lowering persons or goods or any part thereof (except the breakage of
chain or rope slings), or the overturning of a crane.

3. Explosion or fire causing damage to the structure of any room or place in
which persons are employed, or to any machine or plant contained therein and
resulting in the complete suspension of ordinary work in such room or place.

4. Electrical short circuit or failure of electrical machinery, plant or
apparatus, attended by explosion or fire or causing structural damage thereto, and
involving its stoppage or disuse.

5. Explosion of a receiver or container used for the storage at a pressure
greater than atmospheric pressure of any gas or gases (including air) or any liquid
or solid resulting from the compression of gas.

6. Collapse in whole or part from any cause whatsoever of any roof, wall,
floor, structure or foundation forming part of the premises of an industrial
undertaking in which persons are employed.

7. Total or partial collapse of any overburden, face, tip or embankment in a
quarry.

8. Overturning of, or collision with any object by, any bulldozer, dumper,
excavator, grader, lorry or shovel loader, or any mobile machine used for the






handling of any substance in a quarry.





SECOND SCHEDULE

FORM 1 [reg. 16B.]

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

REGISTER OF PERSONS EMPLOYED TO WORK UNDERGROUND
IN INDUSTRIAL UNDERTAKINGS

1. Name of industrial undertaking ..
......................................

2. Full name of person employed to work underground..

.... 1
....

3. Residential address:
.......................................

......................

4. Identity Card No.: .......................................

5. Date of birth .. .............................................

6. Dale on which worker first commenced to work

underground in the undertaking: ........................

...............
.................................................. (Full face

7. Dates of medical examinations undergone by worker photograph of
worker).

in accordance with regulation 16C(3)

(a)......................................
..............................

(b)
............................................................
(e)
............................................................

FORM 2 [reg. l6C(3)

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

MEDICAL EXAMINATION REPORT

undertaking).

To:
..................................................................................

(name of medical practitioner hi whom examination is to be carried out)

.
...............................................................
.

(fult . . .. 1






proprieror

... .......

1 proprictor)

the proprietor of
...................................

................ .....1 industrial
situated at .......
....................................

(address of industrial undertaking

request you to examine
....................................

(full name of Employee Employee.)

in accordance with regulation 16C(3) of the Factories and Industrial
Undertakings Regulations.





2.This Employee' proposed Employee* is/will be* employed to work
underground as a ................................................................................................

(specify nature of occupation

and first commenced/will commence* such work on .................................

(specify date or proposed date)

Date: ..........................................

Signature of proprietor .. .....................................................................

Part 11. (To be completed in duplicate by the Employee or proposed
Employee).

A. Full Name of Employee/proposed Employee* ....................................

Date of Birth ..........................................

Residential Address .................................

B. History qf Past Illnesses.

(a)Is there a history of pulmonary
tuberculoses? .......................................... If
so give details ..............................

........... ...... 1

...................... ...............................

(h) Is there a history of other chronic
respiratory disease? ........(Full face photo-

................. graph of person
.................. examined).

(e)Is there a history of heart disease, diabetes mellitus or any other
serious or prolonged disease?

C. Present Complaints (if any).

I declare that to the best of my knowledge the answers given above are
accurate.

Date: ...................................................

Signature of Employee/proposed Employee*: ....................................

Part 111. (To be completed in duplicate by examining medical
practitioner).

A. General Nutrition ........................................................................

Weight ....kg Height ...mm.

Eyes: Visual acuity R . .L . Ears
Cardiovascular System Pulse rate BY .





.Abdomen ..............1

Hernias ..............................................................................

Genito-urinary System ...............

Urine ...Sp, G ...bulb . Sugar
Skeletal System ......................................
Upper limbs .................................

Lower limibs ........................................................................

Nervous Systme ...........................................................................

B...........................Chest X-ray Examination (date

Dr. . ......................................................................................... reports as
.....(medical practitioner by is whom X-ray ., made)

follows: ....................................................................................

C............................1 have examined the above named ......

(full name)
in accordance with this report, and consider that he is fit,unfit* to work
underground in an industrial undertaking to which Part IIA of the Factories
and Industrial Undertakings Regulations applies.
Date:
Signature of Examining Medical Practitioner
Name of Examining Medical Practitioner .

Address. ...................................... ...................

.............................

Telephone ,\,'utpzber: ..............

(a)One copy of this completed form should he sent by the examining medical practitioner under
confidential cover to the senior occupational health officer. Occupational Health Division Labour
Department. The other copy is to be retained b% the examining medical partitioner.

(b) Delete hiche,cr , inapplicable

FORM 3 [reg. l6C(4)

FACTORIES AND INDUSTRIAL UNDERTAKINGS REGULATIONS

CERTIFICATE AS TO FITNESS OF EMPLOYEE PROPOSED
EMPLOYEE*

To:................................ ...........................................................................

(proprietor W 1 undertaking ing)

.............. 1 ........................................

of industrial undertaking ing)

1 hereby certify that Mr. . .....................................................................

of......................................................................................................

1 address)

has been examined medically in accordance with regulation 16C(3) of the Factories






and Industrial Undertakings Regulations and is fit unfit* to work underground in an
industrial undertaking to which Part IIA of the regulations applies.

Date of issue: .................................................................................

Signed . ..........................................................................................
1 pal 'I health ,#,, officer

Delete whichever is inapplicable.





THIRD SCHEDULE [reg. 21A.]

LEVEL OF EXPOSURE EQUIVALENT TO CONTINUOUS
EXPOSURE
FOR 8 HOURS To A SOUND LEVEL OF 90 dB(A)


Sound level dB(A) Duration of exposure per day
90 to under 91 8 hours
91 to under 92 6hours hours
92 to under 93 5 hours
93 to under 94 4 hours
94 to under 95 3 hours
95 to under 96 2A hours
96 to under 97 2 hours
97 to under 98 11 hours
98 to under 99 11 hours
99 to under 100 1 hour
100 to under 101 50 minutes
101 to under 102 40 minutes
102 to under 103 30 minutes
103 to under 104 25 minutes
104 to under 105 1-0 minutes
105 to under 106 15 minutes
106 to under 107 11 minutes
107 to under 108 9 minutes
108 to under 109 7.1 minutes
109 to under 110 6 minutes
110 to under 11 4 minutes minutes
111 to under 112 31 minutes
112 to under 113
3 minutes
113 to under 114 2,1 minutes
114 to under 115 11. minutes
115 to under 116 1 minutes
116 to under 117 IT minutes
117 to under 118 50seconds
118 to under 119 42 seconds
119 to under 120 35seconds
120 to under 121 25seconds
121 and over no exposure without
hearing protection
G.N.A. 103/55. G.N.A. 70/56. G.N.A. 71/58. G.N.A. 74/58. 42 of 1961. L.N. 129/63. L.N. 189/67. L.N. 87/68. L.N. 29/69. L.N. 132/69. L.N. 10/71. L.N. 150/73. L.N. 221/73. L.N. 262/74. L.N. 7/75. L.N. 104/75. L.N. 26/76. L.N. 45/76. 8 of 1976. L.N. 198/76. L.N. 316/76. L.N. 102/77. 73 of 1977. L.N. 157/78. 55 of 1979. 11 of 1980. L.N. 114/81. L.N. 214/81. L.N. 149/82. L.N. 248/82. L.N. 238/84. 50 of 1985. Citation. Interpretation. 11 of 1980, s. 6. L.N. 132/69. First Schedule. L.N. 132/69. L.N. 132/69. (Cap. 177.) L.N. 157/78. L.N. 29/69. L.N. 132/69. (Cap. 332.) Application of Part IIA. L.N. 132/69. Register of persons employed underground in industrial undertaking. L.N. 132/69. Second Schedule, Form 1. Employees not to work underground unless examined medically. L.N. 132/69. L.N. 248/82. L.N. 248/82. Second Schedule, Form 2. Second Schedule, Form 2. Second Schedule, Form 2. L.N. 248/82. Second Schedule, Form 3. Exemption from medical examination where employee examined within previous 12 months. L.N. 132/69. L.N. 248/82. L.N. 248/82. Exemption from medical examination where work unlikely to take more than 6 months to complete. L.N. 132/69. Disclosure of medical information. L.N. 132/69. L.N. 248/82. Report of accidents resulting in death or incapacity. L.N. 7/75. (Cap. 282.) Reports of dangerous occurrences. L.N. 29/69. L.N. 7/75. L.N. 29/69. Application of regulations 17 and 18. L.N. 7/75. (Cap. 285.) Power to take samples. Duties of persons employed. Protection from sound. L.N. 149/82. Third Schedule. L.N. 157/78. 50 of 1985, s. 9. Application of this Part. 50 of 1985, s. 9. 50 of 1985, s. 9. Form of notification and prohibition notice. 50 of 1985, s. 9. Fencing of dangerous platforms, liquids, etc. 50 of 1985, s. 9. L.N. 238/84. Cleaning of dangerous machinery by women and young persons. 50 of 1985, s. 9. Cleanliness. 50 of 1985, s. 9. Ventilation. 50 of 1985, s. 9. Lighting. 50 of 1985, s. 9. Drainage of floors. 50 of 1985, s. 9. (Cap. 123.) Overcrowding. 50 of 1985, s. 9. L.N. 238/84. Sanitary conveniences, etc. 50 of 1985, s. 9. (Cap. 123.) Supply of drinking water. 50 of 1985, s. 9. Repair, maintenance and safety. 50 of 1985, s. 9. Penalty for contravention of regulation 16F(2), 20(4), 21 or 21A(2). G.N.A. 71/58. L.N.132/69. L.N. 157/78. L.N. 114/81. L.N.214/81. L.N. 149/82. Penalty for contravention of regulation 16C(1), 16C(2) , 24, 25, 33 or 36(1). G.N.A. 71/58. L.N. 189/67. L.N. 132/69. L.N. 221/73. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. 50 of 1985, s. 9. L.N. 114/81. L.N. 214/81. Penalty for contravention of regulation 16B, 21A(1), 34, 37(1), 38 or 39. G.N.A. 71/58. L.N. 87/68. L.N. 132/69. L.N. 150/73. L.N. 26/76. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. L.N. 149/82. 50 of 1985, s. 9. L.N. 114/81. L.N. 149/82. Penalty for contravention of regulation 17, 18, 32, 35(1) or 36(3). G.N.A. 71/58. L.N. 157/78. L.N. 114/81. 50 of 1985, s. 9. L.N. 7/75. L.N. 114/81. Liability of proprietors. G.N.A. 71/58. L.N. 132/69. L.N. 29/69. L.N. 132/69. L.N. 238/84. L.N. 248/82. L.N. 248/82. L.N. 149/82.

G.N.A. 103/55. G.N.A. 70/56. G.N.A. 71/58. G.N.A. 74/58. 42 of 1961. L.N. 129/63. L.N. 189/67. L.N. 87/68. L.N. 29/69. L.N. 132/69. L.N. 10/71. L.N. 150/73. L.N. 221/73. L.N. 262/74. L.N. 7/75. L.N. 104/75. L.N. 26/76. L.N. 45/76. 8 of 1976. L.N. 198/76. L.N. 316/76. L.N. 102/77. 73 of 1977. L.N. 157/78. 55 of 1979. 11 of 1980. L.N. 114/81. L.N. 214/81. L.N. 149/82. L.N. 248/82. L.N. 238/84. 50 of 1985. Citation. Interpretation. 11 of 1980, s. 6. L.N. 132/69. First Schedule. L.N. 132/69. L.N. 132/69. (Cap. 177.) L.N. 157/78. L.N. 29/69. L.N. 132/69. (Cap. 332.) Application of Part IIA. L.N. 132/69. Register of persons employed underground in industrial undertaking. L.N. 132/69. Second Schedule, Form 1. Employees not to work underground unless examined medically. L.N. 132/69. L.N. 248/82. L.N. 248/82. Second Schedule, Form 2. Second Schedule, Form 2. Second Schedule, Form 2. L.N. 248/82. Second Schedule, Form 3. Exemption from medical examination where employee examined within previous 12 months. L.N. 132/69. L.N. 248/82. L.N. 248/82. Exemption from medical examination where work unlikely to take more than 6 months to complete. L.N. 132/69. Disclosure of medical information. L.N. 132/69. L.N. 248/82. Report of accidents resulting in death or incapacity. L.N. 7/75. (Cap. 282.) Reports of dangerous occurrences. L.N. 29/69. L.N. 7/75. L.N. 29/69. Application of regulations 17 and 18. L.N. 7/75. (Cap. 285.) Power to take samples. Duties of persons employed. Protection from sound. L.N. 149/82. Third Schedule. L.N. 157/78. 50 of 1985, s. 9. Application of this Part. 50 of 1985, s. 9. 50 of 1985, s. 9. Form of notification and prohibition notice. 50 of 1985, s. 9. Fencing of dangerous platforms, liquids, etc. 50 of 1985, s. 9. L.N. 238/84. Cleaning of dangerous machinery by women and young persons. 50 of 1985, s. 9. Cleanliness. 50 of 1985, s. 9. Ventilation. 50 of 1985, s. 9. Lighting. 50 of 1985, s. 9. Drainage of floors. 50 of 1985, s. 9. (Cap. 123.) Overcrowding. 50 of 1985, s. 9. L.N. 238/84. Sanitary conveniences, etc. 50 of 1985, s. 9. (Cap. 123.) Supply of drinking water. 50 of 1985, s. 9. Repair, maintenance and safety. 50 of 1985, s. 9. Penalty for contravention of regulation 16F(2), 20(4), 21 or 21A(2). G.N.A. 71/58. L.N.132/69. L.N. 157/78. L.N. 114/81. L.N.214/81. L.N. 149/82. Penalty for contravention of regulation 16C(1), 16C(2) , 24, 25, 33 or 36(1). G.N.A. 71/58. L.N. 189/67. L.N. 132/69. L.N. 221/73. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. 50 of 1985, s. 9. L.N. 114/81. L.N. 214/81. Penalty for contravention of regulation 16B, 21A(1), 34, 37(1), 38 or 39. G.N.A. 71/58. L.N. 87/68. L.N. 132/69. L.N. 150/73. L.N. 26/76. L.N. 157/78. 11 of 1980, s. 6. L.N. 114/81. L.N. 214/81. L.N. 149/82. 50 of 1985, s. 9. L.N. 114/81. L.N. 149/82. Penalty for contravention of regulation 17, 18, 32, 35(1) or 36(3). G.N.A. 71/58. L.N. 157/78. L.N. 114/81. 50 of 1985, s. 9. L.N. 7/75. L.N. 114/81. Liability of proprietors. G.N.A. 71/58. L.N. 132/69. L.N. 29/69. L.N. 132/69. L.N. 238/84. L.N. 248/82. L.N. 248/82. L.N. 149/82.

https://oelawhk.lib.hku.hk/items/show/2329

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